Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case law/2013-14/1901

Whether benefit of notification no. 214/86-C.E. admissible if raw material supplier of job worker does not has factory?

Case:- STEMCORE ALLOYS & ISPAT LTD. VERSUS C.C. & C.EX. (A-III), HYDERABAD-III

Citation:-2013 (295) E.L.T. 588 (Tri.-Bang.)

Brief Facts:-These applications filed by the appellants seek waiver and stay in respect of the respective adjudged dues. On a perusal of the records and hearing both sides, we are of the view that the appeals filed by the applicants also can be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeals.

The appellant in the first appeal worked as job worker for the appel­lant in the second appeal during the material period. The former manufactured excisable goods out of the raw materials supplied by the latter and cleared such goods without payment of duty under Notification No. 214/86, dated 25-34986. The job worker's grievance is against demand of duty of Rs. 4,31,392/-, confisca­tion of goods, imposition of penalty, etc. The other party, raw material supplier, is aggrieved by denial of Cenvat credit, imposition of penalty, etc. In both the cases, the impugned demands have stemmed from a crucial fact found by the adjudicating authority which is to the effect that the raw material supplier did not have a factory.

Aggrieved by the orders of adjudication, both the parties had pre­ferred appeals to the Commissioner (Appeals) and had also filed therein applica­tions for waiver of pre-deposit under Section 35F of the Central Excise Act. The appellate authority directed them to pre-deposit 50% of the respective amounts of duty, which they did not deposit within the prescribed time. In the absence of evidence of pre-deposit, the learned Commissioner (Appeals) dismissed their appeals on the sole ground of non-compliance with Section 35F ibid. The present appeals are directed against the orders of the Appellate Commissioner.
 
Appellant Contentions:-The appellants submitted that, in the scheme of the above notification, the raw material supplier need not have a factory. The proposition is that the said scheme itself is meant for a person without factory who would like to have excisable goods manufactured through job workers.

In his rejoinder, the learned counsel has referred to a few decisions viz., Amul Industries Pvt. Ltd. v. Commissioner - 2006 (206) E.L.T. 1043 (Fri.-Mum.), S.G. Zaveri Pharmapack v. Commissioner - 2007 (217) E.L.T. 591 (Tri.-Mum.), Bata India Ltd. v. Commissioner - 2006 (199) E.L.T. 847 (Tri.-Bang.), Kay Cee Electricals v. Commissioner - 2005 (182) E.L.T. 136 (Tri.-Del.), etc. It is claimed that, in all the cited cases, the benefit of the above notification was allowed to job workers even in the absence of a factory for raw material supplier.
 
Respondent Contentions:-The learned Superintendent (AR) submitted that no prima facie case for allowing benefit under Notification no. 214/86-C.E. to job-worker for clearance of goods without payment of duty as under said notification raw material supply mandatorily required to have a factory. He also points out that, in a case of another job worker of the second appellant, this Bench directed pre-deposit of 25% of the amount of duty demanded vide Stay Order No. 800/2012, dated 15-5-2012 in appeal No. E/2497/2011 (M/s. Rayalseema Steel Re-Rolling Mills (13) Ltd. v. CCE, Hyderabad-Ill).
 
Reasoning of Judgment:-After giving careful consideration to the submissions, we have not found prima facie case for the appellants for the following reasons:

a)    Notification No. 214/86-C.E. on the very face of it requires the raw material supplier to have a factory. In fact, almost all references to raw material supplier in the notification are accompanied by men­tion of factory.
b)    It is not in dispute that the second appellant (Ravi Organics Ltd.) did not have a factory as defined under Section 2(e) of the Central Excise Act during the material period.
c)    The cited decisions have been perused and it is found that, in any of those cases, there is no categorical view expressed by this Tribunal to the effect that a raw material supplier working under the scheme of the above notification need not have a factory. Therefore the re­liance placed by the learned counsel on the cited decisions is mis­placed. Before the lower appellate authority, these applicants ought to have made reasonable pre-deposits.

The Cenvat credit denied to the second appellant is to the extent of Rs. 22.6 lakhs. The learned counsel has submitted that, as they had supplied the finished goods to SEZ units during the material period, they claimed refund of the unutilized Cenvat credit to the extent of Rs. 19 lakhs. It is submitted that this refund claim was rejected by the original authority and its decision was upheld by the Commissioner (Appeals) and further that the appeal filed against the Ap­pellate Commissioner's order is pending before this Tribunal. Obviously, in that case, there is no stay application. In the facts and circumstances of this case, we are inclined to proceed on the premise that M/s. Ravi Organics Ltd. are entitled to the above refund. If that be so, in the instant case, they should pre-deposit the differential amount viz. Rs. 3/- lakhs (Rs. 22 lakhs less Rs. 19 lakhs). They shall pre-deposit this amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) with the Commissioner (Appeals) to enable him to dispose of their case on merits.

Insofar as the job worker is concerned, we have the benefit of Stay Order No. 800/2012, dated 15-5-2012 which was passed by this Bench against another similarly situated job worker viz. Rayalseema Steel Re-Rolling Mills (P) Ltd. We had asked them to pre-deposit 25% of the total amount of duty demanded Consistently, we direct the job worker before us (Stemcore Alloys and Ispat Li­mited) to pre-deposit an amount of Rs. 1,00,000/- (Rupees One Latch Only) with the lower appellate authority to enable it to dispose of their appeals on merits.
Both the appellants shall pre-deposits the respective amounts within six weeks from today and report compliance to the Commissioner (Appeals) forthwith, whereupon the latter shall dispose of the appeals (filed against order-in-original) on merits without insisting on any further pre-deposit and in accordance with law, after giving the parties a reasonable opportunity of being heard.
Both the appeals stand allowed by way of remand.
 
Decision:-Appeal allowed by way of remand.

Comment:-The essence of this case is that to get the benefit under notification no. 214/86-C.E. one of the pre-condition is that the raw material supplier should have a factory. As the condition of the notification was not fulfilled in the instant case, prima facie the case was found to be against the assessee and pre-deposit was ordered. 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com